These terms of use will rule the relationship between you, the user, and FERGUS MEDICAL S. A. (“FERGUS)”, regarding the use of this website (the “FERGUS Website”).
Once you access, navigate or use the FERGUS Website, you acknowledge and FERGUS considers that you have read, understood and accepted the obligation of abiding by the following terms of use.
Identification Data
FERGUS MEDICAL S.A. is an Argentine company headquartered in Av. Gral. Manuel Savio s/n – Lote 3 – Manzana 3 – Parque Industrial Ferreyra, Cordoba, X5925XAD, Argentine Republic.
FERGUS is part of a group of companies that work together to provide products and services.
Consent
The use of the FERGUS Website and/or the services offered or requested implies that the user consents and agrees to the terms and conditions detailed below, as well as the Privacy Policy. If you do not, we ask you not to access or use the Website.
Updates
FERGUS offers the FERGUS Website to be used under the conditions set forth herein, which may be modified by FERGUS from time to time with no previous notice whatsoever.
Object of the FERGUS Website Website Users
The FERGUS Website has been designed by FERGUS to present products and services and allow the general access to Users over the age of 18 associated with health care institutions and professionals to them. These products and services may be their own or third-party products and services which FERGUS has decided to exhibit. If you are not a health care professional or are not part of a health institution, the content of this website may not be appropriate for you and will certainly not satisfy your needs and interests.
By accessing the FERGUS Website, the person becomes a site user, which implies that this person must abide by the version of the terms and conditions that is published at the time of such access. Therefore, FERGUS encourages the user to read them carefully every time the Website is accessed.
Access to specific content offered through the FERGUS Website may be subjected to particular conditions that could supersede, complement and/or modify these general conditions. Thus, before accessing or using the Content, the User must read the appropriate particular conditions carefully.
Access and Security
The user will be allowed to access the Website in a free and optional manner, which implies that FERGUS does not guarantee support, maintenance or availability of the FERGUS Website.
FERGUS reserves the right to limit access to specific areas of the Website to particular user groups (vendors, professionals, etc.), who may be required to register and provide data as per the Privacy Policy. In some cases, the user may be required to select their own username and password. FERGUS will assign the selected username as long as it is not already in use by another user and its use does not constitute a violation of the rights of a third party in and of itself. The password is for personal use and must not be shared. The user must implement all measures available to safeguard the password, and will take full responsibility for the consequences of not doing so. If you suspect that your password has been compromised, you must notify FERGUS immediately. FERGUS reserves the right to revoke usernames for technical, obsolescence, legal or other reasons without this implying any responsibility whatsoever for FERGUS.
Use of the Content
The user agrees to use the site as per the current general terms of the FERGUS Website.
The content offered by FERGUS for FERGUS Website users has been created for illustrative purposes only and they are not meant to replace professional advice nor intend to be the basis for a user’s decision. FERGUS does not guarantee that the content is current, and it may be modified or deleted without notice. No binding effect will be derived from any information or content provided through the FERGUS Website. The content that may be reviewed through this Website shall not be considered as constituting a professional or commercial relationship of any sort with the user.
The use of the FERGUS Website for any of the following purposes or consequences is strictly forbidden (this is an incomplete list, and any other use except those expressly authorized herein requires prior agreement by FERGUS):
- Using the FERGUS Website for any uses or purposes beyond those authorized herein,
- Publishing, uploading or distributing any kind of user content or any other improper, disparaging, illegal, inaccurate, offensive or otherwise inappropriate content,
- Misrepresenting any person or entity, falsely claiming affiliation with any person or entity, accessing the FERGUS Website accounts of other people without authorization, or performing any other fraudulent activity,
- Using the FERGUS Website for any illegal purposes or that may violate any local, provincial, national or international law, included, but not limited to, the laws governing intellectual property and other property rights, as well as data protection and privacy,
- Disparaging, harassing, abusing, threatening or scamming Website users, collecting, or attempting to collect, personal information about users or third parties without their consent, violating the rights of other people, instigating crimes, or degrading, disparaging, defaming, or violent actions, or discriminatory actions based on sex, race, religion, beliefs, age or condition, or actions against the law, morality, decency or public order,
- Removing, sidestepping, disabling, damaging or otherwise disrupting the security related functionality of the FERGUS Website or the website content, the features that prevent or restrict using or copying any content accessible through the website, or the features that limit the use of the website or its content,
- Reverse-engineering, decompiling, disassembling or attempting to discover the source code or any of its parts; modifying, adapting, translating or creating any derivative works based on the FERGUS Website, any of its parts and/or the contents therein, and/or
- Intentionally disrupting or damaging the performance of the FERGUS Website or the use by any of the users by any means, including, but not limited to, the participation in any kind of service denial attacks or uploading or spreading viruses, adware, spyware, worms or other malicious code.
FERGUS is not responsible for the use each user makes of the content presented in the FERGUS Website or the actions the user may perform based on them. FERGUS reserves the right to exclude any user, without prior notice, if any of the aforementioned activities is performed as well as to exercise the legal actions it considers appropriate.
SERVICE
FERGUS reserves the right to interrupt access to the FERGUS Website as well as to suspend the provision of any or all the content provided through it at any moment without prior notice, whether it is for technical, security, control, maintenance or any other reason. This interruption may be temporary or permanent. Consequently, FERGUS does not guarantee the reliability, availability or continuity of the Website or the content. The user understands that they use the Website or the content at their own risk, without FERGUS being liable for it.
Regarding active services or any other content that may require registration, FERGUS shall be able to delete the accounts and/or the user content and information as per the Privacy Policy and the applicable law.
LIABILITY
As per the provisions in the “SERVICE” section, FERGUS shall not be held liable for service interruptions, delays, errors, malfunctions and, in general, other issues which may arise from circumstances outside of FERGUS’ control, and/or due to an intentional or unintentional action by the user, and/or due to force majeure events. Force majeure includes all events outside of FERGUS’ control, such as failures in third parties, operators or service provider companies, government actions, lack of access to third-party networks, actions or lack thereof by the authorities, other events arising from natural phenomena, blackouts, etc., and attacks by hackers or other specialized third parties to the safety and integrity of the information system. In any case, regardless of cause, FERGUS shall not be held liable for any direct, indirect, or consequential damages, or loss of business or profit whatsoever.
FERGUS shall be entitled, without compensation to the User for this reason, to temporarily suspend the services and content of the FERGUS Website to perform maintenance, improvement or repairs on them. Website operation will be performed under your sole responsibility and risk, and you understand and agree that under no circumstance FERGUS (including its managers, executives or representatives) shall be liable for damages of any kind, regardless of their cause and under no liability attribution framework.
FERGUS is not responsible for the content of the FERGUS Website, which is provided “as is”. FERGUS assumes no warranties of any kind in relation with the content or the performance of the website, nor with third-party content and opinions placed in the FERGUS Website, nor with the information contained in third-party websites which may be accessed by means of links or search engines in the Website, since their only function is to inform the user about the existence of other sources of information on the matter on the Internet where the user may expand on the data offered in the FERGUS Website, but by no means is intended to be a suggestion, invitation or recommendation of these sites.
FERGUS is not liable for the use each user makes of the content presented in the FERGUS Website or the actions the user may perform based on them. This content is protected by intellectual property law.
FERGUS will also not be held liable for the use of products and services in the FERGUS Website by the user, nor their passwords, as well as for the use of any other materials in the Website, in a way that violates intellectual or industrial property rights or any other third-party right.
FERGUS assumes no responsibility for the damages which may be caused in Users’ equipment due to possible computer viruses that the User becomes infected with due to navigating the FERGUS Website, or for any other damage derived from such navigation. FERGUS offers no guarantees related to the continuity or absence of errors in any of the content accessible through the FERGUS Website. Likewise, FERGUS does not guarantee the correction of any defects or the absence of viruses or other harmful materials either in this Website or the Servers that host it.
FERGUS assumes no responsibility for the truthfulness, usability or suitability for a specific purpose of the FERGUS Website or its content; for service or data loss as a consequence of delays, failures to deliver or incorrect delivery of the products shown, or service interruptions; and for the accuracy, quality or nature of the information obtained in its content.
Check with a specialist of the specific area in question whether any of the aspects of the content in the FERGUS Website are applicable. The information available in this Website is aimed at complementing, and not replacing, the advice that you must receive from health care professionals or other relevant professionals. FERGUS advices you to consult with a professional in the area in question before making a decision or acting in a certain way.
The User shall be liable for all damages and injury of any nature that FERGUS may suffer as consequence of not abiding by any of the obligations that you accept by agreeing to this conditions or the applicable particular conditions, and you accept to indemnify, defend and hold FERGUS harmless as well as its affiliates, contracted parties, employees, agents and vendors, license grantors and partners, from any claim, loss, damage, liability and expense (including legal fees and expenses) which may arise from any use or misuse of the FERGUS Website, any violation of the Terms of Use or any violation of the statements, guarantees or agreements made by you.
FERGUS reserves the right, at your expense, to assume defense and full control of any affairs due to which you must indemnify FERGUS and you accept to cooperate with FERGUS’ defense in these complaints. FERGUS will perform all reasonable efforts to notify you about any complaint, action or procedure as soon as FERGUS is made aware of them. If any provision in these Terms of Use is considered illegal, invalid or unenforceable, such provision will be limited or removed to the minimum extent necessary and it shall not affect the validity and enforceability of the remaining provisions.
DATA PROTECTION
See the Data Protection Policy.
INTELLECTUAL PROPERTY
You acknowledge that FERGUS owns the entirety of the intellectual, industrial, brand and domain-name property rights over all content available in the FERGUS Website. This includes, but not limited to, the visual interfaces, graphics, designs, compilations, information, computer code (including source and object code), software, services, content, videos, educational exercises and all other elements in the FERGUS Website (the “FERGUS Website Materials”) and are therefore protected by the local and international copyright, patent and trademark laws, international conventions and other applicable laws that govern intellectual property and property rights.
FERGUS reserves all rights not expressly conceded in these Terms for Use, except for any user content that is provided by the users and property of the users. FERGUS grants users a non-exclusive, non-transferable right to access and use the available FERGUS Website Materials only for their personal and professional purposes. Therefore, you may not use, distribute or otherwise employ them for other purposes unless expressly agreed upon in writing by FERGUS. The use of any elements subjected to industrial, intellectual or brand property rights with commercial purposes is strictly forbidden, as is their distribution, modification, alteration or decompilation. This means that you must not use any trademark published on the site without prior express consent from the brand rights holder.
Infringement of any of the aforementioned rights may constitute a violation of these provisions as well as a criminal offense.
Publishing or communicating publicly any other content through the FERGUS Website assumes that you acknowledge that you provide the FERGUS Website with a free, non-exclusive, worldwide license as broad as the applicable law allows to use, copy, sublicense, adapt, broadcast, execute or publicly disclose any of these contents and to sublicense to third parties the exercise of each of these rights, either in a total or partial manner. All complaints that users may submit regarding possible intellectual, industrial or brand property right infringement on any content in the FERGUS Website must be addressed to the following email address: [email protected]
GOVERNING LAW AND JURISDICTION
In order to solve any conflict or litigation, regardless of its contract or non-contract origin, or of its judicial or extrajudicial treatment, due to or arising from the use of the FERGUS Website which the Parties cannot solve amicably on their own, will be settled before the ordinary courts of the City of Buenos Aires and the Argentine legislation will be the applicable law.